IN THE CASE OF:	  

		BOARD DATE:	  18 MAY 2010

		DOCKET NUMBER:  AR20090017138 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the Purple Heart.

2.  The applicant states he was wounded in action on 31 March 1967 while serving in Vietnam.  He adds the award is not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides copies of his award certificate and DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant was inducted into the U.S. Army and entered active duty on
17 November 1965.  Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service) he was assigned to the Republic of Vietnam (RVN) from 15 July 1966 through 12 June 1967.

   b.  item 38 (Record of Assignments) he was assigned to:

       (1)  Company D, 2nd Battalion, 1st Infantry, 196th Light Infantry Brigade, from 15 July through 30 December 1966.

       (2)  Company B, 1st Battalion (Mechanized), 5th Infantry, from
31 December 1966 through 12 June 1967.

   c.  item 39 (Campaigns) no entry;
   
   d.  item 40 (Wounds) he sustained a fragment wound to his left foot on
31 March 1967; and
   
	e.  item 41 (Awards and Decorations) the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Bronze Star Medal, Good Conduct Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 20 November 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

   a.  at the time he had completed 2 years and 1 day of net active service.  

   b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Good Conduct Medal, Combat Infantryman Badge, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Bronze Star Medal.

5.  A review of the applicant's military personnel records revealed that there are no orders in his records that show he was awarded the Purple Heart.


6.  A review of The Adjutant General, Casualty Division's, Vietnam Casualty Roster, confirmed that the applicant's name is not on the roster.

7.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce orders showing the applicant was awarded the Purple Heart.

8.  Two VA Forms 07-3101 (Requests for Information), dated 30 November 1967 and 22 April 1968, show the Veterans Administration (VA) requested service and medical records pertaining to the applicant.  The two documents specifically referred to the applicant's "wound left foot" on 31 March 1967 and medical treatment (through 16 April 1967) at the U.S. Army Hospital, Cameron Bay, RVN.  
[There is no record of any such records being provided to the VA.]

9.  In support of his application, the applicant provides a copy of a DA Form 4980-14 (Purple Heart) Certificate, dated 8 April 1967, that shows he was awarded the Purple Heart for wounds received in action in Vietnam on 31 March 1967.

10.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

11.  Headquarters, 3rd Training Brigade, Fort Jackson, South Carolina, Special Orders Number 44, dated 21 March 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-14 A2).

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows that at the time of the applicant's assignment to Company B, 1st Battalion (Mechanized), 5th Infantry, the battalion was awarded the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army (HQDA) General Orders (GO) Number 48 (1971); and

   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by HQDA GO Number 51 (1971) as amended by HQDA GO Number 9 (1979).

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.


	a.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  Appendix B of the regulation lists campaigns for Vietnam.  It shows the applicant served in the RVN during two campaigns:  Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) and Vietnam Counteroffensive Phase III
(1 June 1967 - 29 January 1968). 

	c.  This regulation also provides for award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart because he was wounded in action in the RVN on 31 March 1967, he was issued a Purple Heart award certificate, but the award is not recorded on his DD Form 214.

2.  The applicant's claim was carefully considered.

	a.  Item 40 of the applicant's DA Form 20 shows he sustained a fragment wound to his left foot on 31 March 1967 and he provides a copy of a Purple Heart award certificate.

	b.  Records show that just 10 days after his separation from active duty, the VA initiated action on behalf of the applicant to obtain his medical records from the Army.  The VA specifically requested records pertaining to the applicant's wound and medical treatment on 31 March 1967.  

	c.  The entry in his personnel records and the applicant's Purple Heart award certificate, along with his action immediately following his separation from active duty to obtain copies of his medical records pertaining to his wound and medical treatment, all offer significant weight to his claim for award of the Purple Heart.
   
   d.  Therefore, in view of the foregoing, it would be appropriate to award the applicant the Purple Heart in this case.
   
3.  The applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of two bronze service stars to be affixed on his already-awarded Vietnam Service Medal.

4.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

5.  General orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

6.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-14 A2).  Therefore, it would be appropriate to correct his DD Form 214 to add this award.

BOARD VOTE:

____x____  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a. awarding the applicant the Purple Heart for wounds received in the RVN on 31 March 1967;

   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and


   c.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.



      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090017138



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ABCMR Record of Proceedings (cont)                                         AR20090017138



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